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The penalty of life imprisonment to death and a The penalty of life imprisonment to death and a fine
fine ranging from Five - 8 - hundred thousand ranging P500,000.00 to P10,000,000.00 shall be
pesos (P500,000.00) to Ten million pesos imposed upon any person, who, unless authorized
(P10,000,000.00) shall be imposed upon any by law, shall engage in the manufacture of any
person, who, unless authorized by law, shall sell, dangerous drug.
trade, administer, dispense, deliver, give away to
The penalty of imprisonment ranging from 12 years
another, distribute, dispatch in transit or transport
and 1 day to 20 years and fine ranging from
any dangerous drug, including any and all species
P100,000.00 to P500,000.00 shall be imposed
of opium poppy regardless of the quantity and
upon any person, who, unless authorized by law,
purity involved, or shall act as a broker in any of
shall manufacture any controlled precursor and
such transactions. The penalty of imprisonment
essential chemical.
ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be
imposed upon any person
The penalty of 12 years and 1 day to twenty 20 6) 10 grams or more of marijuana resin or
years of imprisonment and a fine ranging from marijuana resin
P100,000.00 to P500,000.00 shall be imposed oil
upon any person, who acts as a protector/coddler 7) 500 grams or more of marijuana
of any violator of the provisions under this Section. 8) 10 grams or more of other dangerous drugs such
SECTION. 9. Illegal Chemical Diversion of as, but not limited to,
Controlled Precursors and Essential Chemicals methylenedioxymethamphetamine (MDMA) or
“ecstasy”, paramethoxyamphetamine (PMA),
The penalty of imprisonment ranging from 12 years trimethoxyamphetamine (TMA), lysergic acid
and day to 20 years and a fine ranging from diethylamine (LSD), gamma hydroxybutyrate
P100,000.00 to P500,000.00 shall be imposed
(GHB), and those similarly designed or newly
upon any person, who, unless authorized by law,
introduced drugs and their derivatives, without
shall illegally divert any controlled precursor and
having any therapeutic value or if the quantity
essential chemical.
possessed is far beyond therapeutic requirements.
SECTION 10. Manufacture or Delivery of
Equipment, Instrument, Apparatus, and Other Otherwise, if the quantity involved is less than the
Paraphernalia for Dangerous Drugs and/or foregoing quantities, the penalties shall be
Controlled Precursors and Essential Chemicals. graduated as follows:
The penalty of imprisonment ranging from 12 years
and 1 day to 20 years and a fine ranging from 1) Life imprisonment and a fine ranging from
P100,000.00 to P500,000.00 shall be imposed P400,000.00 to P500,000.00, if the quantity
upon any person who shall deliver, possess with of methamphetamine hydrochloride or
intent to deliver, or manufacture with intent to “shabu” is 10 grams or more but less than
deliver equipment, instrument, apparatus and other 50 grams.
paraphernalia for dangerous drugs. 2) Imprisonment of 20 years and 1 day to life
The penalty of imprisonment ranging from 6 months imprisonment and a fine ranging from
and 1 day to four 4 years and a fine ranging from P400,000.00 to P500,000.00, if the
P10,000.00 to P50,000.00 shall be imposed if it will quantities of dangerous drugs are 5 grams
be used to inject, ingest, inhale or otherwise or more but less than 10 grams of opium,
introduce into the human body a dangerous drug in morphine, heroin, cocaine or cocaine
violation of this Act. hydrochloride, marijuana resin or marijuana
resin oil, methamphetamine hydrochloride
or “shabu”, or other dangerous drugs.
SECTION. 11. Possession of Dangerous Drugs 3) Imprisonment of 12 years and 1 fay to 20
years and a fine ranging from P300,000.00
The penalty of life imprisonment to death and a fine
to P400,000.00, if the quantities of
ranging from P500,000.00 to P10,000,000.00 shall
dangerous drugs are less than 5 grams of
be imposed upon any person, who, unless
opium, morphine, heroin, cocaine or
authorized by law, shall possess any dangerous
cocaine hydrochloride, marijuana resin or
drug in the following quantities, regardless of the
marijuana resin oil, methamphetamine
degree of purity thereof:
hydrochloride or “shabu”, or other
dangerous drugs.
1) 10 grams or more of opium
2) 10 grams or more of morphine
SECTION. 12. Possession of Equipment,
3) 10 grams or more of heroin
Instrument, Apparatus and Other Paraphernalia
4) 10 grams or more of cocaine or cocaine
for Dangerous Drugs
hydrochloride
5) 50 grams or more of methamphetamine
The penalty of imprisonment ranging from 6 months
hydrochloride or “shabu”
and 1 day to 4 years and a fine ranging from
P10,000.00 to P50,000.00 shall be imposed upon For the person who acts as the financier:
any person, who, unless authorized by law, shall
Penalty: 12 years and 1 day – 20 years of
possess or have under his/her control any
imprisonment
equipment, instrument, apparatus and other
Fine: 100,000 to 500,000 pesos
paraphernalia fit or intended for smoking,
consuming, administering, injecting, ingesting, or SECTION 17. Maintenance and Keeping of
introducing any dangerous drug into the body. Original Records of Transactions on Dangerous
Drugs and/or Controlled Precursors and
SEC. 13. Possession of Dangerous Drugs Essential Chemicals
During Parties, Social Gatherings or Meetings Penalty: 1 year and 1 day – 6 years
Fine: 10,000 to 50,000 pesos
Any person found possessing any dangerous drug
during a party, or at a social gathering or meeting, Shall be imposed upon any practitioner or of the
or in the proximate company of at least 2 persons, business in case of a manufacturer, wholesaler,
shall suffer the maximum penalties provided for in importer, distributor, dealer or retailer
Section 11 of this Act, regardless of the quantity SECTION 18. Unnecessary Prescription of
and purity of the dangerous drugs. Dangerous Drugs
a) He/she has not been previously convicted of The privilege of suspended sentence shall be
violating any provision of this Act, or of the availed of only once by an accused drug dependent
Dangerous Drugs Act of 1972, as amended, or of who is a first-time offender over fifteen (15) years of
the Revised Penal Code, or of any special penal age at the time of the commission of the violation of
laws; Section 15 of this Act but not more than eighteen
(18) years of age at the time when judgment should
b) He/she has not been previously committed to a have been promulgated.
center or to the care of a DOH-accredited
physician; and SECTION 69. Promulgation of Sentence for
First-Time Minor Offender
c) The Board favorably recommends that his/her
sentence be suspended. If the accused first-time minor offender violates any
of the conditions of his/her suspended sentence,
Upon recommendation of the Board, the court may the applicable rules and regulations of the Board
commit the accused under suspended sentence to exercising supervision and rehabilitative
a Center, or to the care of a DOH-accredited surveillance over him, including the rules and
physician for at least six (6) months, with after-care regulations of the Center should confinement be
and follow-up program for not more than eighteen required, the court shall pronounce judgment of
(18) months. conviction and he/she shall serve sentence as any
In the case of minors under fifteen (15) years of other convicted person.
age at the time of the commission of any offense SECTION 70. Probation or Community Service
penalized under this Act, Article 192 of Presidential for a First-Time Minor Offender in Lieu of
Decree No. 603, otherwise known as the Child and Imprisonment
Youth Welfare Code, as amended by Presidential
Decree No. 1179 shall apply, without prejudice to Upon promulgation of the sentence, the court may,
the application of the provisions of this Section. in its discretion, place the accused under probation,
even if the sentence provided under this Act is
SECTION 67. Discharge After Compliance with higher than that provided under existing law on
Conditions of Suspended Sentence of a First- probation, or impose community service in lieu of
Time Minor Offender imprisonment.
* Upon compliance with the conditions of the economic status of the family of the person
probation, the Board shall submit a written report to confined.
the court recommending termination of probation
SECTION 75. Treatment and Rehabilitation
and a final discharge of the probationer, whereupon
Centers
the court shall issue such an order.
The existing treatment and
* If the sentence promulgated by the court requires
rehabilitation centers for drug dependents
imprisonment, the period spent in the Center by the operated and maintained by the NBI and the
accused during the suspended sentence period PNP shall be operated, maintained and
shall be deducted from the sentence to be served. managed by the DOH in coordination with
other concerned agencies.
SECTION 71. Records to be kept by the SECTION 76. The Duties and Responsibilities of
Department of Justice the Department of Health (DOH) under this Act
(d) Initiate, conduct and support scientific, (k) Prescribe and promulgate rules and
clinical, social, psychological, physical and regulations governing the establishment of
biological researches on dangerous drugs such centers, networks and laboratories as
and dangerous drugs prevention and control deemed necessary after conducting a
measures; feasibility study in coordination with the
DOH and other government agencies;
(e) Develop an educational program and
information drive on the hazards and (l) Receive, gather, collect and evaluate all
prevention of illegal use of any dangerous information on the importation, exportation,
drug; production, manufacture, sale, stocks,
seizures of and the estimated need for any
dangerous drug and/or;
(m) Gather and prepare detailed statistics controlled precursors and essential
on the importation, exportation, chemicals;
manufacture, stocks, seizures of and
estimates need for any dangerous drug (t) Recommend the revocation of the
and/or controlled precursors and essential professional license of any practitioner who
chemicals and such other statistical data on knowingly participates in, or consents to,
said drugs as may be periodically required tolerates, or abets the commission of the act
by the United Nations Narcotics Drug of violations as indicated in the preceding
Commission, the World Health Organization paragraph, all without prejudice to the
and other international organizations in criminal prosecution of the person
consonance with the country's international responsible for the said violation;
commitments;
(u) Appoint such technical, administrative
(n) Develop and maintain international and other personnel as may be necessary
networking coordination with international for the effective implementation of this Act,
drug control agencies and organizations, subject to the Civil Service Law and its rules
and implement the provisions of and regulations;
international conventions and agreements
thereon which have been adopted and (v) Establish a regular and continuing
approved by the Congress of the consultation with concerned government
Philippines; agencies and medical professional
organizations to determine if balance exists
(o) Require all government and private in policies, procedures, rules and
hospitals, clinics, doctors, dentists and other regulations on dangerous drugs and to
practitioners to submit a report to it, in provide recommendations on how the lawful
coordination with the PDEA, about all use of dangerous drugs can be improved
dangerous drugs and/or controlled and facilitated; and
precursors and essential chemicals-related
cases to which they have attended for (w) Submit an annual and periodic reports
statistics and research purposes; to the President, the Congress of the
Philippines and the Senate and House of
(p) Receive in trust legacies, gifts and Representatives committees concerned as
donations of real and personal properties of may be required from time to time, and
all kinds; perform such other functions as may be
authorized or required under existing laws
(q) Issue guidelines as to the approval or and as directed by the President
disapproval of applications for voluntary himself/herself or as recommended by the
treatment, rehabilitation or confinement, congressional committees concerned.
wherein it shall issue the necessary
guidelines, rules and regulations pertaining SECTION 82. Creation of the Philippine Drug
to the application and its enforcement; Enforcement Agency (PDEA)
(r) Formulate guidelines, in coordination To carry out the provisions of this Act, the PDEA,
with other government agencies, the which serves as the implementing arm of the
importation, distribution, production, Board, and shall be responsible for the efficient and
manufactured and held in stock at any given effective law enforcement of all the provisions on
time by authorized importer, manufacturer any dangerous drug and/or controlled precursor
or distributor of such drugs; and essential chemical as provided in this Act.
(p) Coordinate with the Board for the All receipts and other income authorized and
facilitation of the issuance of necessary imposed in this Act, including 10% of all
guidelines, rules and regulations for the unclaimed and forfeited sweepstakes and lotto
proper implementation of this Act; prizes but not less than P12,000,000 per year
from the PCSO shall be turned over to the
(q) Initiate and undertake a national Board within 30 days
campaign for drug prevention and drug No amount shall be disbursed to cover the
control programs, operating expenses of the Board and other
agencies
(r) Submit an annual and periodic reports to At least 50% of all the funds shall be reserved
the Board as may be required from time to
for assistance to government-operated
time,.
rehabilitation centers.
The fines shall be remitted to the Board by the
SECTION 85. The PDEA Academy
court within 30 days from the finality of its
Upon the approval of the Board, the PDEA decisions.
Academy shall be established either in Baguio or Establishing and maintaining operations
Tagaytay City. The PDEA Academy shall be adequate drug rehabilitation centers in the
responsible in the recruitment and training of all
country:
PDEA agents and personnel. The Board shall
provide for the qualifications and requirements of its Shall be taken from the 50% share of the
recruits who must be at least twenty-one (21) years National Government in the income of
old, of proven integrity and honesty and a PAGCOR in the amount of P 5 000 000 a
Baccalaureate degree holder. month
Remitted automatically by PAGCOR to the
SECTION 86. Transfer, Absorption, and
Board
Integration of All Operating Units on Illegal
The amount shall be disbursed by the
Drugs into the PDEA and Transitory Provisions
Dangerous Drugs Board, subject to the
The Narcotics Group of the PNP, the Narcotics rules and regulation of COA
Division of the NBI and the Customs Narcotics SECTION 88. Management of Funds under this
Interdiction Unit are hereby abolished; however Act; Annual Report by the Board and PDEA
The Chairman of the Board shall submit to the Officials and Employees in Testifying as
President of the Philippines and to the presiding Prosecution Witnesses in Dangerous Drugs
officers of both houses of Congress within 15 Cases
days from the opening of the regular session, an
Imprisonment of not less than 12 years and 1
annual report on the dangerous drugs situation in
day to 20 years and a fine of not less than
the country.
P500,000
SECTION 89. Auditing the Accounts and
Any member of law enforcement agencies
Expenses of the Board and PDEA
or any other government official and
All accounts and expenses of the Board and PDEA employee who fails to appear as a witness
shall be audited by the Commission on Audit or for the prosecution in any proceedings
its duly authorized representative. involving violations of this Act, without any
valid reason, shall be punished
Imprisonment of not less than 2 months and 1
ARTICLE XI
day but not more than 6 years and a fine of not
JURISDICTION OVER DANGEROUS DRUGS
less than P10,000 but not more than P50,000
CASES
Immediate superior of the member of the
SEC. 90. Jurisdiction.
law enforcement agency or any other
The Supreme Court shall designate special government employee mentioned shall be
courts from among the existing Regional Trial penalized
Courts in each judicial region to exclusively try and In addition, perpetual absolute
hear cases involving violations of this Act. disqualification from public office
Approved.
JOSE DE VENECIA
Speaker of the House
FRANKLIN M. DRILON
President of the Senate Of Representatives
ROBERTO P. NAZARENO